Civil Procedure Code, 1908, Section 151 -- Fraud & cheating - Plots allotted by Society even though it had no title whatsoever over the property - Matter referred to the jurisdictional police to investigate it and to prosecute persons who were members of the committee of management of Society during relevant time...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Implementation - Police aid - In a fit case Court can direct police aid as a preventive measure - This power though not expressly conferred, is a power incidental or ancillary to the exercise of the power to grant injunction pending the suit...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Implementation - Police help - Allowed by trial Court - Order upheld - Provisions of O.39.R.2A does not control the jurisdiction vested in the Court in exercise of inherent powers under S.151 of the Code - No person can be permitted to take the law in his own hands and to flout the orders..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Inherent powers must come to rescue of person who inspite of order of injunction is being threatened forcible dispossession in violation of order of injunction - Provisions of Order 39 Rule 2 - A would come into play once order of injunction is flouted by any person but that certainly does not divest Court of..........
Civil Procedure Code, 1908, Section 151 -- Inherent powers - Cannot be exercised when there are specific provisions in the Code to ensure ends of justice - Police aid cannot be granted to a party under S.151 in a civil suit to protect his possession of property when there is no order in his favour as to possession to maintain...........
Civil Procedure Code, 1908, Section 151 -- Police aid to defendant - Temporary injunction granted to plaintiff but subsequently vacated on the ground that plaintiff failed to show his possession of suit house - Defendant seeking police aid to protect his possession - Without specific finding as to possession of defendant police aid to defendant to protect his possession..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Police aid to implement injunction order granted exparte pending disposal of application for revoking that order - Cannot be granted...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Police aid to implement order of injunction - Provisions of S.151 can be invoked in this regard - However it being an extreme step, it should not be recommended unless the Court is fully convinced of existence of grave emergency...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Injunction - Implementation - Court can grant police help to implement its order...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Enforcement - Police aid - Only a final order passed under O.39.Rr.1, 2 can be enforced with assistance of police and not interim exparte order...........
